Lucerne Elementary School

Definition of Sex Discrimination

Sex discrimination includes treating a student differently with respect to the provision of opportunities to participate in school programs or activities or the provision or receipt of educational benefits or services based on the student's sex, sex stereotypes; sex characteristics; sexual orientation; gender; gender identity; gender expression; pregnancy, childbirth, termination of pregnancy, or lactation, including related medical conditions and recovery; parental, family, or marital status; or the student's association with a person or group with one or more of these actual or perceived characteristics.

Sex discrimination, including sex-based harassment, intimidation, or bullying, may result from physical, verbal, nonverbal, or written conduct and occurs when prohibited conduct is so severe, persistent, or pervasive that it affects a student's ability to participate in or benefit from an educational program or activity; creates an intimidating, threatening, hostile, or offensive educational environment; has the effect of substantially or unreasonably interfering with a student's academic performance; or otherwise adversely affects a student's educational opportunities.

Definition of Sex-Based Harassment

Sex-based harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, sex stereotypes, sex characteristics, or other bases specified above. Conduct will constitute sex-based harassment when it takes the form of: (34 CFR 106.2, 106.11)

1. Quid pro quo harassment: A district employee, agent, or other individual authorized by the district to provide an aid, benefit, or service in the district's education program or activity conditioning the provision of district aid, benefit, or service on a student's participation in unwelcome sexual conduct

2. Hostile environment harassment: Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person's ability to participate in or benefit from the district's education program or activity

Who Is Covered Under Title IX?

Harassment by students
Harassment by administrators/teachers/staff
Harassment by volunteers or school visitors

Sex discrimination and sex-based harassment and Anti-Discrimination Policies

Sex-based harassment is also in violation of Lucerne Elementary School District Board and Administrative policies. All forms of sex-based harassment, whether student to student, staff to student, or student to staff, are unlawful at Lucerne Elementary School District.

• BP/AR5145.7 Sex Discrimination and Sex-Based Harassment

• BP/AR5145.3 Nondiscrimination/Harassment

• BP/AR1312.3 Uniform Complaint Procedures

• Uniform Complaint Form

Related Resources

• United States Department of Education Office for Civil Rights

• California organizations providing support to the youth and their families who have been subjected to school-related discrimination, harassment, intimidation, and bullying